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(영문) 대전지방법원 2020.11.18 2020고단3683
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around September 17, 2019, the Defendant received a proposal from the party who reported the advertisement that it is possible to easily loan by accessing the Internet job site “B” and made a phone call to the party who was unaware of the name, and then borrowed KRW 500-6 million at the interest rate of 2-3% from the party’s account. After consenting to the proposal, the Defendant entered the password number in Chapter 1 of the B Card connected to the account under the Defendant’s name, and found it by the party who was unaware of the name, at around 11:0 of the same day.

As a result, the Defendant promised to provide an intangible consideration for the execution of a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Certificates of deposit;

1. Application of the statutes on response data requested to provide financial transaction information;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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